Question

The writ, Habeas Corpus, is not issued where the detention is lawful, _____________.

• A. The proceeding is for contempt of a legislature or a court
• B. Detention is by a competent court
• C. Detention is outside the jurisdiction of the court
• D. All of these

Answer 1

The correct option is D All of these

The writ of habeas corpus can be issued by the Supreme Court and High court under Article 32 and 226 of the Constitution respectively. The literal meaning of habeas corpus means 'to have the body'. It is an order issued by the court to produce the person illegally detained before the court. It acts as a bulwark against the detention of the person. However, the writ cannot be issued when:

1. Detention is legal;

2. It is outside the jurisdiction of the court;

3. Detention is for contempt of court or legislature;

4. Detention is by the final judgment of the court.